United States v. McGee

The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to two counts of being a felon in possession of a firearm and ammunition. The court held that the district court did not err by imposing sentencing enhancements under USSG 2K2.1(b)(1)(A) for three or more firearms, USSG 3B1.4 for use of a child in the commission of the offense; and USSG 2K2.1(B)(6)(b) for committing the firearm offense in connection with another felony; defendant waived his argument that the district court abused its discretion in granting the government's request to continue; even if subject to plain error review, the district court did not abuse its discretion, much less commit plain error, in granting the government's motion for a short continuance to secure the attendance of an important witness; the district court did not err by calculating defendant's base offense level as his prior conviction for assault while displaying a dangerous weapon in violation of Iowa Code Sections 708.1 and 708.2(3) was a crime of violence resulting in a base offense level of 22 under Guidelines Sec. 2K2.1(a)(3); and even if there was error, the error was harmless. View "United States v. McGee" on Justia Law